The Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001

Scottish Statutory Instruments

2001 No. 78

ADULTS WITH INCAPACITY

The Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001

Made

7th March 2001

Laid before the Scottish Parliament

8th March 2001

Coming into force

2nd April 2001

The Scottish Ministers, in exercise of the powers conferred by section 26(1)(c) of the Adults with Incapacity (Scotland) Act 2000(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001 and shall come into force on 2nd April 2001.

Interpretation

2.  In these Regulations–

“the Act” means the Adults with Incapacity (Scotland) Act 2000;

“advocate” means a practising member of the Faculty of Advocates;

“councillor” means a member of a council constituted by section 2 of the Local Government etc. (Scotland) Act 1994(2);

“executry practitioner” has the same meaning as in section 23 of the Law Reform Miscellaneous Provisions (Scotland) Act 1990(3);

“mental health officer” has the same meaning as in section 125 of the Mental Health (Scotland) Act 1984(4);

“qualified conveyancer” has the same meaning as in section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;

“registered European lawyer” has the same meaning as in regulation 2 of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000(5);

“solicitor” has the same meaning as in section 65(1) of the Solicitors (Scotland) Act 1980(6);

“registered teacher” has the same meaning as in section 135 of the Education (Scotland) Act 1980(7).

Classes of persons who may countersign an application under section 26 of the Act

3.  An application made under section 26 of the Act shall be countersigned by a person who is a member of a class of persons referred to in the Schedule to these Regulations.

JAMES R WALLACE

A member of the Scottish Executive

St. Andrew’s House,

Edinburgh

7th March 2001

Regulation 3

SCHEDULE CLASSES OF PERSONS WHO MAY COUNTERSIGN AN APPLICATION UNDER SECTION 26 OF THE ACT

• Advocates

• Constables of a police force

• Established civil servants

• Executry practitioners

• Justices of the peace

• Councillors

• Members of Parliament

• Members of the European Parliament

• Members of the Scottish Parliament

• Mental health officers

• Ministers of religion

• Qualified conveyancers

• Registered European lawyers

• Registered medical practitioners

• Registered nurses

• Solicitors

• Registered Teachers

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the classes of persons who may countersign an application made under section 26 of the Adults with Incapacity (Scotland) Act 2000.

Regulation 3 provides that a person who is a member of one of the classes of persons set out in the Schedule to these Regulations may countersign an application made under that section.

(1)

2000 asp 4. See section 87(1) for the definition of “prescribe”and section 86(1) as to power to make regulations.

(2)

1994 c. 39; section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

(3)

1990 c. 40.

(4)

1984 c. 36.

(5)

S.S.I. 2000/121.

(6)

1980 c. 46; section 65 was amended and repealed in part by the Law Reform (Miscellaneous Provisions) Scotland Act 1990 (c. 40), Schedule 8, paragraph 29(15) and Schedule 9.

(7)

1980 c. 44